Bill Text: IL HB3725 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Provides that misrepresentation of a service animal is a petty offense. Defines "service animal".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3725 Detail]

Download: Illinois-2021-HB3725-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3725

Introduced , by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:
720 ILCS 5/48-4.5 new

Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Provides that misrepresentation of a service animal is a petty offense. Defines "service animal".
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A BILL FOR

HB3725LRB102 13909 KMF 19260 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by adding
5Section 48-4.5 as follows:
6 (720 ILCS 5/48-4.5 new)
7 Sec. 48-4.5. Misrepresentation of a service animal.
8 (a) In this Section, "service animal" means a dog or
9miniature horse that is trained to do work or perform tasks for
10the benefit of a person with a disability, including a
11physical, sensory, psychiatric, intellectual, or other mental
12disability. The work or tasks performed by the animal must be
13directly related to the person's disability, including, but
14not limited to, assisting a person who is visually impaired
15with navigation and other tasks, alerting a person who is deaf
16or hard of hearing to the presence of people or sounds,
17providing nonviolent protection or rescue work, pulling a
18wheelchair, assisting a person during a seizure, alerting a
19person to the presence of allergens, retrieving items such as
20medicine or the telephone, providing physical support and
21assistance with balance and stability to a person with
22mobility disabilities, or helping a person with psychiatric
23and neurological disabilities by preventing or interrupting

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1impulsive or disruptive behaviors. Work or tasks do not
2include the animal's presence as a deterrent for criminal
3activity, emotional support, well-being, comfort, or
4companionship.
5 (b) A person commits misrepresentation of a service animal
6when he or she knowingly represents, expressly or impliedly,
7that the animal is a service animal for the purpose of securing
8the rights and privileges afforded to a person with a
9disability accompanied by a service animal and the person knew
10or should have known that the animal is not a service animal.
11 (c) The refusal to answer questions from a law enforcement
12officer permitted under subsection (f) of 28 CFR 35.136
13creates a permissive inference that the animal is not a
14service animal and the law enforcement officer may require the
15person to remove the animal from the place of public
16accommodation.
17 (d) Sentence. Misrepresentation of a service animal is a
18petty offense.
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